City of Wadsworth v. Slanker

The singular issue in this ease is whether a person convicted of operating a motor vehicle while under the influence of alcohol under a city ordinance (substantially equivalent to R.C. 4511.19 and 4511.99, as amended effective March 16, 1983) may be confined to an alcoholic treatment and control center pursuant to R.C. 2935.33(B) in lieu of a ten-day mandatory minimum term of imprisonment under R.C. 4511.99(A)(2), effective March 16, 1983. We hold that he may.

Defendant-appellant, James F. Slanker, had a previous conviction for being “under the influence” within the past five years. When…